The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-02-26
BEFORE JUDGE HENDERSON
Sentence Suspended in the Pearson
Case Other Business.

Following is the business transacted
in the First District Court, at Provo,
yesterday:
United States VS.. R. G. Kirkwood
Messrs. A. G. Sutherland, Jr., and S.
r. Thurman argued motion for habeGS
corpus. The defendant had been in
dicted on two counts, and found guilty
on the second, while the prosecution
aimed their evidence at the first, hence,
an election of the first count. The
attorneys quoted numerous authorities
to the effect that the election when
aimed at a particular charge, bars a
subsequent election. The question IS
whether this is such an error that the
defendant can get relief by hGbe0S
corpus. 1t was taken under adVisement.
The Pearson case was then called,
and the defendant stood before the
court He had nothing to say why SEN
tence should not be pronounced upon
him.
The court said he thought the verdict
not only proper but a,censcientious
one and warranted by the law. You
are aware that one of the objects of the
law is to deter others from committing
crime. l have been asked in this case,
owing to the peculiar circumstances to
suspend sentence. There has been a
very strong appeal in this case to sus-
pend sentence, 1t may be that l am
swayed by circumstances and The claims
fof parents and friends. 1t is not possible
for you TO suffer as they have suffered
in no ol 6,a
What | am about to do goes against my
better judgment, and the grave effect
that moves me to this is in considera-
ton of your family. There are some
things in this verdict that the court can
not take away; you can never be re-
lieved from it; you have taken human
life unjustifed. 1t is true 1t was while
you were under the influence of liquor,
but you knew the effect of that upon
you. You go out of court with a
suspended sentence. The burden
is upon the court, and if you violate the
rule of honor, it will have its weight
upon others, and you will be called
again before the court for sentence.
Your wAOle life is before you, but you
started wrong. In more mature man
hood you may correct it. feel the most
serious doubts about this; but a large
numb of the people, ;rfuential men
in this Territory. to ST extent, have
come to my relief, anG ling it alto
gether | am constrained to do it. If /
have found IN the end that have mis-
placed ontidence, it would add more of
a responsibility on me. The sentence in
your case will be suspended during good
behavior, and while you refrain from
Intoxicating beverages. shall watch
you in the future, and if this is violated
| shall impose the full penalty upon
you. hope you will justify the conf
,dence of the court, the people
and the attorneys, and in the end that
we shall be forced to know that the
confidence was well placed"
Pearson thanked the Court and went
his way rejoicing.
Soren Petersen, charged with unlaw-
ful cohabitation, was arraigned and
plead guilty. Sentence set for Monday.
Christian P. christensen did like
wise.
Edward Peay plead guilty to unIaw-
tul cGhabitatiOn. Set for March
David John said, under the construc-
ton of the courts OF unlawful cobabita-
ton, he was guilty. Time for sentence
set for March 7.
John ?. Kelley plead not guilty. Trial
set for March Z.
George D. Smell was arraigned and
given time to plead.
Judge Henderson then announced
that ne was to go to Salt Lake for the
supreme Court to-day, and court adj
lourned till Monday at 10 am.